Will the court grant divorce if I filed divorce..
rubal
(Querist) 03 December 2016
This query is : Resolved
I filed 13(1) divorce on cruelty and desertion grounds... husband filed counterclaim of divorce on same grounds.. Since both want divorce from the court.. I wrote an application to judge of family court to grant divorce without trial of the case as the outcome will be the same.. Wil the court grant divorce without trial of the suit?
rubal
(Querist) 03 December 2016
I filed 13(1) divorce on cruelty and desertion grounds... husband filed counterclaim of divorce on same grounds.. Since both want divorce from the court.. I wrote an application to judge of family court to grant divorce without trial of the case as the outcome will be the same.. Wil the court grant divorce without trial of the suit?
Sudhir Kumar, Advocate
(Expert) 03 December 2016
repeated
http://www.lawyersclubindia.com/experts/Will-the-court-grant-divorce-if-I-filed-divorce--624721.asp
Guest
(Expert) 03 December 2016
OK, wait for the judgment of the court, as only the court can say whether that can grant divorce without trial or not.
By the way, what was the hitch in filing a case for mutual divorce, if both husband and wife want divorce?
P. Venu 
(Expert) 03 December 2016
Yes, the best option is to seek divorce by mutual consent. In the pending matter, the verdict depends upon the evidence you or your husband can adduce and prove.
Dr J C Vashista
(Expert) 04 December 2016
Why both of you filed separate petitions for divorce on the grounds of cruelty and desertion? The court will presume it is being filed in connivance with each other which is abuse of process of law and court.
What sort of cruelty has been alleged by both of you?
How both of you can allege to have deserted each other?
Why did you repeat same story on this platform, which is bad. Besides this, your case(s) are already pending before the Court(S) wherein you have engaged your counsel(s), isn't it? Have faith in your lawyer or change him/her immediately.
Rajendra K Goyal
(Expert) 05 December 2016
Author has not responded to questions raised by the experts in the thread.
